<cite data-path="13.02.01">This chapter</cite> establishes:
Rules governing an environmental investigation following a determination of an elevated blood lead level in a child or pregnant woman;
Methods and standards for determining a lead hazard exists;
Procedures for violation notices;
Requirements for abatement of a lead hazard;
Processes for requesting the use of an alternative abatement method;
Methods for abatement of a lead hazard existing in soil;
Rules regarding the presence of persons and animals during the abatement process;
Rules regarding inspection by the Baltimore City Health Department during abatement and disposal of abatement waste;
Rules regarding the issuance of a stop-work order;
Rules regarding a clearance inspection and the issuance of a statement of completion of the lead hazard abatement;
Rules regarding a request for an extension of time to complete a lead hazard abatement; and
Appeal procedures.
In <cite data-path="13.02.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“Accessible surface” means a surface that a child can mouth or chew.
“Commissioner” means the Commissioner of the Baltimore City Health Department or the Commissioner’s designee.
“Department” means the Baltimore City Health Department.
“Deteriorated surface” means an interior or exterior surface with the presence of chipping, peeling, or flaking paint.
“Elevated blood lead level (EBL)” has the meaning stated in MD Environment Art. §6-801(f).
“Encapsulant coating” means a liquid that forms a covering over lead-based paint.
“Enclose” means the installation of a solid, durable material that is approved by the Department over a lead hazard.
“Environmental investigation” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="|26.16">COMAR 26.16</cite>.8.03(B)(12).
“Friction surface” has the meaning stated in COMAR 26.16.08.03(B)(15).
“Ground cover” means a substance used to cover bare soil, including:Grass;
Mulch;
Plants; or
Cement.
“Impact surface” has the meaning stated in COMAR 26.16.08.03(B)(17).
“Lead dust clearance test” means a test conducted in accordance with <cite data-path="13.02.01">this chapter</cite> intended to confirm that concentration of lead dust is within the limit prescribed by applicable law.
“Lead free” has the meaning stated in MD Environment Art. §6-801(l).
“Lead hazard” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="26.16.08.03">COMAR 26.16.08.03(B)(19)</cite>.
“Lead-safe housing” has the meaning stated in MD Environment Art. §6-801(m).
“Multi-family dwelling” means a building or part of a building that contains more than two dwelling units.
“Occupant” means an individual:Living or sleeping in a building; or
That has possession of a space within a building.
“Operator” means a person who has charge, care, or control of all or a portion of a property.
“Owner” has the meaning stated in MD Environment Art., §6-801(o).
“Primary residence” means a residential property where a child or pregnant woman with an elevated blood lead level resides.
“Reference level” has the meaning stated in MD Environment Art., § 6-801(q).
“Relocation expenses” means the cost of moving a tenant to lead-safe housing, including:Transportation expenses;
Rent or per diem cost of temporary lead-safe housing;
Meal expenses, if the temporary lead-safe housing does not contain meal preparation facilities; and
Cost of moving, hauling, or storing furniture and other personal belongings.
“Retaliation” means to take an adverse action against an individual, including the initiation of eviction proceedings or alteration of the terms of an individual’s tenancy, in response to a notice or order issued by the Commissioner pursuant to <cite data-path="13.02.01">this chapter</cite>.
“Secondary property” means a structure occupied for 10 or more hours a week by a child or pregnant woman that is the subject of an elevated blood level report in the 12 months preceding an elevated blood level report to the Department.
“Secondary source” means a lead exposure risk that is not derived from a painted surface or structural component of a property, including:Water;
Toys, jewelry, or ceramic food ware;
Cosmetics;
Traditional medicine or herbal remedies;
Food;
Art supplies;
Antique furniture or furnishings;
Candles or incense;
Burned material; or
A source of lead identified by the XRF analyzer or lab analysis.
“Tenant” means a person who has the lawful right of possession of all or part of a property.
“Violation notice” means a document issued by the Commissioner that contains:A statement noting the presence of a lead hazard; and
The information required by these regulations.
“Window well” means the space that provides exterior access or light to a window that is below ground level.
“XRF analyzer” means a portable instrument that determines lead concentration using the principles of x-ray fluorescence.
When the Maryland Department of the Environment identifies a child or pregnant woman with an elevated blood lead level, the Commissioner shall request the Department to conduct an environmental investigation of:The child or pregnant woman’s current residence; and
A secondary property as defined by <cite data-path="13.02.01">this chapter</cite>.
If the current residence or secondary property is part of a multi-family dwelling, the Department’s inspection for lead hazards may include:All units; and
Common areas.
The Department shall base their determination that a lead hazard exists on one or more of the following:Readings of an XRF analyzer which indicate a lead content greater than 0.7 mg/cm<sup>2</sup> on a:Friction surface;
Impact surface;
Accessible surface; or
Deteriorated surface;
Analysis of paint samples which indicate more than 0.5 percent lead by weight on a:Friction surface;
Impact surface;
Accessible surface; or
Deteriorated surface;
Analysis of dust which indicates lead levels that exceed the threshold provided by applicable law; or
Analysis of a secondary source which indicates lead levels that exceed the threshold provided by applicable law.
The Department shall ensure most restrictive applicable law is applied to govern the threshold in §04(A)(3) and <cite data-path="13.02.01.04|A.|(4)">§04(A)(4) of this regulation</cite> as prescribed by the:Maryland Department of the Environment;
U.S. Environmental Protection Agency; or
U.S. Department of Housing and Urban Development.
If a lead hazard is found, the Commissioner shall issue a violation notice to the owner or operator of the property.
The Commissioner shall ensure the violation notice:Identifies the lead hazard; and
Orders the recipient to abate the violation within 30 days of the issuance of the violation notice, unless otherwise provided by the Commissioner.
The owner or operator shall ensure abatement is completed within the time prescribed by the Commissioner.
A person may not retaliate against a tenant in response to a notice or order issued by the Commissioner.
The owner shall ensure a condition of the property which may cause a deteriorated surface is corrected prior to abatement, including:Water damage; or
A structural defect such as a hole in a wall or ceiling.
Except as otherwise provided by the Commissioner, a person performing abatement shall:Do so in accordance with:<cite data-doc="Code of Maryland Regulations" data-path="|26.16.01">COMAR 26.16.01</cite>; and
<cite data-doc="Code of Maryland Regulations" data-path="|26.16.02">COMAR 26.16.02</cite>;
Begin interior work in the area farthest from the entrance to the property; and
Fully remove or enclose the lead hazard without the use of encapsulant coating.
The Commissioner may approve an alternative procedure to abate a lead hazard.
To obtain consideration of an alternative abatement procedure, the owner shall:Submit a written description of the alternative procedure to the Commissioner via email or first class mail to the email or physical address included in the violation notice that conforms to requirements of applicable law;
Demonstrate that compliance with the requirements in <cite data-path="13.02.01.07">regulation .07 of this chapter</cite> is impracticable; and
Document that the alternative procedure provides equivalent or better abatement of a lead hazard.
An owner shall ensure soil containing a lead hazard is abated by enclosing the soil with:Cement;
Grass; or
Sod.
A person performing abatement of soil using an alternative method shall:Remove 6 inches of topsoil from the contaminated area;
Place water–permeable textile fabric over the exposed subsurface; and
Cover with 8 inches of lead-free soil and ground cover.
An owner or operator shall inform an occupant or tenant of health hazards to a person or animal associated with lead abatement.
If the property is a rental dwelling, an owner or operator shall:Immediately secure a temporary lead-safe or lead-free residence for the tenant; and
Pay the tenants’ reasonable relocation expenses until the Commissioner verifies that abatement is completed.
A tenant may not return to the property until abatement is completed in accordance with federal and state requirements and <cite data-path="13.02.01.10">this regulation</cite>.
A person performing abatement work shall ensure abatement waste is:Removed from the site within 24 hours of abatement completion; and
Stored, transported, and disposed of in accordance with applicable law.
A person may not dispose of abatement waste through regular residential or commercial trash collection.
The Department may:
Inspect the exterior of a property where abatement is occurring at any time; and
Inspect the interior of a property where abatement is occurring during regular business hours.
The Commissioner may issue a stop work order if work is being performed:In a dangerous manner; or
By an unaccredited contractor.
Upon issuance of the stop work order, a person performing abatement work shall cease work at the property until the Commissioner finds there is compliance with the order.
Upon request from the owner or operator, the Department shall perform a clearance inspection to determine if abatement is complete based on:Visual inspection;
A lead dust clearance test;
Documented compliance with applicable law; and
Additional analysis by the Commissioner if required.
The Department shall ensure that a clearance inspection is performed:By the Department; or
By a third party who is accredited and in good standing with the State of Maryland as defined in MD Environment Art., Title 6, Subtitle 10
If the Department determines via visual inspection that abatement was done improperly, the Department may halt the clearance inspection pending further abatement.
If the Department approves the abatement work by visual inspection, the Department shall perform a lead dust clearance test in each room where abatement occurred.
In order to comply with the minimum requirement for a lead dust clearance test, the Department shall ensure a sample is taken from the following locations in each room:Floor;
Windowsill; and
Window well.
The Commissioner may require that additional samples be taken if a room has:No windows; or
More than one window.
In addition to the requirements set forth in <cite data-path="13.02.01.14|B.">.14(B) of this chapter</cite>, the Department shall ensure the results of the lead dust clearance test comply with the most restrictive standard set by the:Maryland Department of the Environment;
U.S. Environmental Protection Agency; or
U.S. Department of Housing and Urban Development.
If a property passes clearance inspection, the Department shall issue a statement to the owner or operator that the violation notice is abated.
An owner or operator may not consider an abatement ordered by the commissioner complete until a statement of completion is issued.
Issuance of a statement of completion will not preclude the Commissioner from issuing future violation notices against the same property.
An owner or operator may submit a request for an extension to the Commissioner at the time of abatement.
An owner or operator shall ensure that a request for extension submitted in accordance with <cite data-path="13.02.01.17|A.">section §A of this regulation</cite>:Is submitted in writing;
Is submitted prior to the date of abatement completion noted in the violation notice; and
Demonstrates that:Compliance with the deadline is impracticable; and
Delay will not cause undue harm.
The Commissioner may grant an extension.
An extension approved and granted by the Commissioner in accordance with <cite data-path="13.02.01.17|C.">§C of this regulation</cite> will not satisfy or modify an owner or operator’s obligation to comply with applicable law.
Appeals pertaining to these regulations will follow procedures noted in Title 2, Subtitle 3 of the City Health Code.
The Department’s Lead Program Director may act as the Commissioner’s designee pursuant to City Health Code, § 2-303.
<cite data-path="13.03.01">This chapter</cite> establishes:
Allowed and prohibited wild, exotic, hybrid, and livestock animals;
Requirements to obtain a permit to keep allowed wild, exotic, hybrid, and livestock animals;
The permit application process to keep allowed wild, exotic, hybrid, and livestock animals, including the requirements for inspection prior to obtaining a permit and fees for permits as applicable;
Requirements for keeping animals for purposes of urban agriculture;
Application requirements for a 501(c)(3) non-profit community farm or garden to keep certain prohibited animals under certain restrictions; and
Grounds for revoking or denying a permit.
In <cite data-path="13.03.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“Altered” means to surgically or chemically render an animal incapable of reproducing.
“Applicant” means a person or entity applying for a permit to keep an allowed wild, exotic, hybrid, or livestock animal.
“Community farm or garden” means a plot of land used by individuals or groups for agricultural purposes.
“Exotic” means a wild animal of a species that is not indigenous to the state of Maryland or an animal that the Health Commissioner specifies by rule or regulation.
“Health Commissioner” means the Health Commissioner of the Baltimore City Health Department.
“Hybrid” means an animal that is crossbred between a domesticated, exotic, or wild animal.
“Inhumane” means to:Cause pain or suffering to an animal; or
Keep an animal in a manner that does not allow for adequate:Ventilation;
Security; or
Space to meet the specific needs of its species and development.
“Keep” means:To feed or shelter an animal on the premises of real property by an owner, custodian, or occupant of the property; or
To feed or shelter an animal on a plot of land being used for agricultural purposes.
“Livestock” means cattle, sheep, horses, goats, or other domesticated animals ordinarily raised or used in an agricultural setting.
“Urban agriculture” means the cultivation, processing, and distribution of agricultural products in an urban setting.
“Wild” means an animal that is not domesticated living in a natural environment.
A person may not keep, or allow to be kept on that person's premises, a wild, exotic, hybrid, or livestock animal as specified in <cite data-path="13.03.01.03|B.|(1)">§B(1)</cite><cite data-path="13.03.01.03|B.|(27)">-(27)</cite> of <cite data-path="13.03.01.03">this regulation</cite>.
The following wild, exotic, hybrid, and livestock animals are prohibited:A wild, exotic, hybrid, or livestock animal whose possession or sale is prohibited by a federal, State, or City law, rule, or regulation;
Dogs other than a domesticated dog (Canis familaris);
Cats other than a domesticated cat (Felis catus);
Bears;
Bats;
Squirrels;
Fur-bearing mammals of the family Mustelidae other than a domesticated ferret (Mustela fero);
Venomous insects other than honey bees;
Spiders;
Scorpions;
Centipedes;
Large rodents (Rodentia);
Even-toed ungulates (Artiodactyla) other than a domesticated goat of the Miniature, Dwarf, or Pygmy breed;
Odd-toed ungulates (Perissodactyla) other than a domesticated horse (Equus caballus) used in the Arabber or carriage trades or used by federal, State, or local law enforcement units;
Marsupialia;
Procyonidae;
Carnivorous mammals of the family Viverridae;
Non-human primates;
Bovinae (cattle);
Pigs, boars, and swine other than a domesticated Vietnamese Pot-bellied pig;
Rabbits of the family Leporidae other than a domesticated rabbit that has been bred and supervised in a properly maintained rabbitry;
Crocodylia;
Venomous reptiles that are harmful to people, even if the reptile has had venom producing glands or structures removed;
Snakes capable of growing to more than 5 feet when fully grown;
Lizards capable of growing to more than 4 feet when fully grown;
Green iguanas (Iguana iguana) less than 30 inches long or more than 6 feet long when fully grown; and
Fowl other than domesticated hens and pigeons.
Except as provided in <cite data-path="13.03.01.04|J.">§J of this regulation</cite>, a person or entity shall meet the following conditions for keeping an allowed wild, exotic, hybrid, or livestock animal.
Vietnamese Pot-bellied Pigs.A person may keep a Vietnamese Pot-bellied pig if:A permit is obtained from the Office of Animal Control; and
A veterinary record is presented to the Office of Animal control to show that the Vietnamese Pot-bellied pig is altered.
A person may not keep a Vietnamese Pot-bellied pig if the animal:Measures greater than 22 inches in height at the shoulder; or
Weighs more than 150 pounds.
A person permitted to keep a Vietnamese Pot-bellied pig shall ensure that the animal is:Kept in a clean and sanitary environment that will prevent:Disease;
Odor; and
Insect or rodent breeding;
Provided with routine and emergency veterinary care as needed; and
Neutered prior to 9 weeks, if it is a boar; or
Spayed prior to 6 months, if it is a gilt.
A person permitted to keep a Vietnamese Pot-bellied pig shall ensure that the animal’s tusks are properly filed by an experienced handler so tusks do not show outside of the mouth when the mouth is closed.
Except as provided in §6 of <cite data-path="13.03.01.04">this Regulation</cite>, a person who is permitted to keep a Vietnamese Pot-bellied pig may not remove the animal’s tusks unless removal of the tusks is deemed medically necessary for the health of the animal.
A person permitted to keep a Vietnamese Pot-bellied pig may keep a rescue Vietnamese Pot-bellied pig that has had its tusks removed by a previous owner.
The Office of Animal Control may require paperwork from a person permitted to keep a Vietnamese Pot-bellied pig which demonstrates that:Tusk removal was medically necessary; or
The Vietnamese Pot-bellied pig is a bona fide rescue animal.
Pigeons.A person may keep a pigeon if:A permit is obtained from the Office of Animal Control;
Applicable zoning and building permits or authorizations have been obtained; and
The total number of pigeons kept is fewer than 125.
A person permitted to keep a pigeon shall ensure that the pigeon coop or loft:Contains a minimum of 1 square foot of floor space for each pigeon over the age of one month;
Is constructed so that the interior is:Dry;
Airy;
Bright; and
Adequately ventilated; and
Is maintained and kept in a clean manner to prevent:Disease;
Odor; and
Insect or rodent breeding.
A person permitted to keep a pigeon shall ensure that feed is stored and administered in a manner that prevents attracting rodents.
A person permitted to keep a pigeon may not allow the animal to:Be outside the coop or loft other than a maximum of three hours per day of supervised exercise; or
Perch or linger on the property or buildings of others.
Miniature, Dwarf, or Pygmy Goats.A person may keep a Miniature, Dwarf, or Pygmy goat if a permit is obtained from the Office of Animal Control.
A person permitted to keep a Miniature, Dwarf, or Pygmy goat shall ensure that:The animal is dehorned; and
Males over the age of 6 months are neutered.
A person permitted to keep a Miniature, Dwarf, or Pygmy goat shall provide the animal with:Potable water at all times;
Adequate amounts of feed; and
Routine and emergency veterinary care as needed.
A person permitted to keep a Miniature, Dwarf, or Pygmy goat shall ensure the yard in which the animal is kept:Is well-maintained and clean; and
Contains:A minimum of 150 square feet of permeable space available per goat;
Fencing to prevent roaming; and
Proper grading and drainage.
A person permitted to keep a Miniature, Dwarf, or Pygmy goat may keep:Two female or neutered goats, plus their offspring up to 6 months of age, on lots less than 20,000 square feet; and
One additional goat for every 5,000 square feet of lot area over 20,000 square feet, up to a maximum of 6 goats over the age of 6 months.
Ferrets.A person may keep a ferret if:A permit is obtained from the Office of Animal Control; and
Evidence of a current rabies vaccination is provided to the Office of Animal Control.
A person permitted to keep a ferret shall provide the animal with:Adequate food that is highly concentrated with fat as the main source of calories and highly digestible meat-based protein;
Potable water at all times;
Adequate exercise in an appropriate enclosed area; and
Routine and emergency veterinary care as needed.
Snakes up to 5 Feet Long.A person may keep a snake capable of growing to a length of no more than 5 feet when fully grown if a permit is obtained from the Office of Animal Control.
A person permitted to keep a snake up to 5 feet long shall provide the animal with:Potable water at all times;
Adequate food appropriate for the species;
An adequate enclosure with sufficient space so as not to be inhumane;
Adequate heating and lighting as required for the species; and
Routine and emergency veterinary care as needed.
Lizards up to 4 Feet Long.A person may keep a lizard capable of growing to a length of no more than 4 feet when fully grown if a permit is obtained from the Office of Animal Control.
A person permitted to keep a lizard up to 4 feet long shall provide the animal with:Potable water at all times;
Adequate food appropriate for the species;
An adequate enclosure with sufficient space so as not to be inhumane;
Adequate heating and lighting as required for the species; and
Routine and emergency veterinary care as needed.
Green Iguanas between 30 inches and 6 feet Long.A person may keep a green iguana that is a minimum of 30 inches in length but no more than 6 feet in length when fully grown if a permit is obtained from the Office of Animal Control.
A person permitted to keep a green iguana between 30 inches and 6 feet long shall provide the animal with:Potable water at all times;
Adequate food as appropriate for the species;
An adequate enclosure with sufficient space so as not to be inhumane;
Adequate heating and lighting as required for the species; and
Routine and emergency veterinary care as needed.
Hens.A person may keep a hen if:A permit is obtained from the Office of Animal Control;
A Maryland Poultry Premises Registration is obtained through the Maryland Department of Agriculture; and
All applicable zoning and building permits or authorizations are obtained prior to building or using a hen coop or loft.
If a person permitted to keep a hen plans to sell or otherwise provide eggs, an egg producers license shall be obtained through the Maryland Department of Agriculture.
A person permitted to keep a hen shall ensure that the animal:Is provided with:Potable water;
Proper feed; and
Veterinary care if the animal is known or suspected to be sick or injured.
Does not perch or roam on the property of others.
A person permitted to keep a hen shall provide a coop or loft to house the animal that:Is well-constructed;
Is sanitary and adequately sized;
Provides shade during warm weather;
Provides suitable protection from inclement weather and predation;
Is not within 15 feet of a residence;
Is cleaned and managed to minimize odors and materials that may attract rodents;
Is moved frequently to minimize turf destruction and the build-up of manure borne pathogens such as coccidiosis and roundworms; and
Allows a minimum of 2 square feet per hen.
A person permitted to keep a hen may keep:Four hens over the age of 1 month on a lot less than 2,000 square feet; and
One additional hen over the age of 1 month for every additional 1,000 square feet of lot area over 2,000 square feet, not to exceed a total of 10 hens.
Hens – Community Farms or Gardens or Urban Agricultural Enterprises.A community farm or garden or urban agricultural enterprise may keep hens in numbers greater than 10 if a permit is obtained from the Office of Animal Control.
A community farm or garden or urban agricultural enterprise shall include a written management plan with the permit application stating how:The hens will be housed;
The hens and their feed will be protected from predators and other pests;
Waste will be managed; and
Impacts to surrounding property owners and neighbors will be minimized.
The Health Commissioner may deny a permit to keep hens in numbers greater than 10 to a community farm or garden or urban agricultural enterprise at their discretion.
In addition to adhering to the provisions noted in <cite data-path="13.03.01.04|I.|(1)">§I(1)</cite><cite data-path="13.03.01.04|I.|(4)">—(4)</cite> of <cite data-path="13.03.01.04">this regulation</cite>, a community farm or garden or urban agricultural enterprise permitted to keep hens may keep:Up to 10 hens on lots greater than 5,000; and
One additional hen over the age of 1 month for every additional 1,000 square feet of lot area, not to exceed a total of 50 hens.
Honey Bees.A person may keep honey bees if:A permit is obtained from the Office of Animal Control; and
The activity is registered with the Maryland Department of Agriculture.
A person permitted to keep honey bees may keep:Two colonies and 1 nucleus colony for lots up to 2,500 square feet; and
One additional colony and 1 additional nucleus colony for every additional 2,500 square feet of lot area over 2,500 square feet.
Requirements for hives housing colonies.Except where a solid wall or fence measuring at least 5 feet in height and at least 5 feet in width is located at a lot line to provide a barrier, a person permitted to keep honey bees shall ensure that:The bees or hive are not located within 5 feet of a lot line; and
The bees or hive are inaccessible to the public.
A person permitted to keep honey bees shall ensure that honey bee movement to and from the hive does not unreasonably interfere with:The reasonable enjoyment of the property of others;
The comfort of the public or domestic animals; or
The use of a public right-of-way.
Rabbits.A person may keep a rabbit if a permit is obtained from the Office of Animal Control.
A person applying for a permit to keep a rabbit shall include a written management plan with the permit application stating how:The rabbit will be housed;
Waste will be managed;
The rabbit and their feed will be protected from predators and other pests;
The keeping of breeding pairs and young will be managed to avoid unwanted litters resulting in rabbits exceeding the number allowed; and
Aggressive behavior in group housing will be monitored, specifically in male rabbits, to mitigate injuries caused by fighting.
A person permitted to keep a rabbit may keep:Up to 12 total rabbits with no more than 1 breeding pair on lots less than 1,000 square feet; or
Up to 24 total rabbits with no more than 2 breeding pairs on lots greater than 1,000 square feet.
A person permitted to keep a rabbit shall provide the animal with a shelter that:Allows a minimum of 3 square feet per rabbit;
Provides suitable protection from inclement weather;
Is adequately sized and not within 15 feet of a residence;
Is kept clean and free of odors or materials that may attract rodents; and
Is moved frequently to minimize turf destruction and the buildup of manure borne pathogens.
A person permitted to keep a rabbit shall provide the animal with:Shade during warm weather;
Adequate potable water at all times;
Adequate amounts of feed at all times; and
Veterinary care if the animal is known or suspected to be sick or injured.
A person intending to keep an allowed wild, exotic, hybrid, or livestock animal shall submit a permit application that has been completed in accordance with <cite data-path="13.03.01.05|B.">§B</cite><cite data-path="13.03.01.05|H.">—H</cite> of <cite data-path="13.03.01.05">this regulation</cite> to the Office of Animal Control within 10 days of acquiring the animal.
To obtain a permit, an applicant shall submit the following to the Office of Animal Control:An affidavit certifying that neither the applicant nor an operator, employee, or agent of the applicant has ever been convicted of animal abuse, cruelty, or neglect;
The applicant’s name and address;
The type, breed, age, and the gender of the animal; and
Written permission from the property owner giving permission to have the animal on the premises, if the applicant is renting the property that will house the animal.
Except in the case of beekeeping, an applicant shall further provide:A photo of the animal; and
Proof of current vaccinations and health examination;
The Office of Animal Control may request vaccination and health records for inspection.
Except as provided in <cite data-path="13.03.01.05|F.">§F of this regulation</cite>, a permit will be valid only at the location where the animals are normally housed.
A beekeeping permit will be valid for each host site that is properly registered and approved under the permit with the Office of Animal Control.
Permit Fees.With the exception of honey bees and as provided in <cite data-path="13.03.01.05|G.|(2)">§G(2) of this regulation</cite>, the applicant shall remit a permit application fee of $80.00 for an individual animal or group of animals of the same type.
An applicant may remit one permit application fee for a collection of snakes, lizards and green iguanas, which are considered the same type of animal for the purpose of permit fees.
An applicant shall remit the permit fee:In cash or by certified check, bank check, or money order made payable to the Director of Finance for the total cost of the permit; and
Along with the completed application to the Office of Animal Control
A permit will remain valid unless it is suspended or revoked by the Health Commissioner.
In addition to the permit requirements in <cite data-path="13.03.01.05">regulation .05 of this Chapter</cite>, a person who keeps an animal for purposes of urban agriculture shall adhere to applicable:Zoning requirements; and
Requirements of the Maryland Department of Agriculture.
Where contiguous lots are used cooperatively as part of a single farm or agricultural enterprise, a person who keeps an animal for purposes of urban agriculture may consider the contiguous lots as a single lot for the purposes of calculating:Minimum space requirements; and
Contiguous open space.
If lots used cooperatively under <cite data-path="13.03.01.06|B.|(1)">§B(1)</cite><cite data-path="13.03.01.06|B.|(2)">—(2)</cite> of <cite data-path="13.03.01.06">this Regulation</cite> are titled under different owners, a person who keeps animals for purposes of urban agriculture shall obtain written permission from each property owner to have animals on the property.
A person who keeps animals for purposes of urban agriculture may not slaughter animals for food, fur or other products
The Office of Animal Control may waive certain restrictions on types or quantities of animals in <cite data-path="13.03.01">this chapter</cite> for non-profit 501(c)(3) Community Farms or Gardens that:Serve the community; and
Provide education to the public on proper animal care and husbandry.
To apply for a waiver, a community farm or garden shall submit an application outlining the following criteria:Type of animal and breed;
Quantity of animals;
Gender of animals, including their status as altered or unaltered;
Breeding population, if applicable;
Habitat or shelter for the animals;
Containment or restraint plan;
Extreme and inclement weather protection plan;
Space requirements;
The animals’ dietary needs;
Preventative healthcare plan including:Coat;
Hoof;
Horn;
Dental care; and
Vaccines;
Veterinary care plan including:Veterinarian identification and information; and
Health certificates;
Disease prevention plan; and
Nuisance mitigation.
The Office of Animal Control may not waive an application for an animal that has not been properly registered with the State of Maryland as required.
Subject to the provisions of Baltimore City Health Code § 10-219 and § 10-220, the Health Commissioner may deny, amend, suspend, revoke, or refuse to renew a permit issued under these regulations.
The provisions of Baltimore City Health Code §§ 10-222, 10-223, 10-224 apply to a permit issued under these regulations.